Non-Immigrant Visa Options

A non-immigrant visa allows a person to travel to a U.S. port of entry (typically at a border or airport) and request permission from the Department of Homeland Security (DHS) to visit for a specific purpose. The specific purpose can be almost anything and the non immigrant visa allows a person to stay temporarily. An applicant for a temporary visa must also have a foreign residence that he or she does not intend to abandon.

The exact length of time a person can stay depends on the status he or she enters under. A person admitted under one status can frequently change his or her status to stay longer.

The process for obtaining a non immigrant visa process varies greatly depending on the type of visa. This process is complicated and can confuse even rocket scientists. An improperly completed application, or one that does not provide the correct supporting evidence can result in a denial for a person that should be allowed to enter.

Fortunately, we are here to help. We realize that each and every visa application is important. The attorneys at Feldman Feldman & Associates have years of experience dealing with DHS and consulates around the world. We know how to best present a visa application to maximize your chance of approval. We can help determine the appropriate category and help you obtain your visa. We can also in extending a visa that is about to expire if possible, help you change status to a new category, and obtain legal status and work authorization for your immediate family members (if they are eligible).

Listed below is a brief description of the most commonly sought after non immigrant visa categories.

Most Common Types of Visas

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1. "B" Visitor Visas
2. E Visas: Treaty Traders and Investors
3. L-1: Intra-Company Transfers
4. H-1B: Specialty Occupation Professionals
5. TN Visa for Mexican and Canadian Professionals
   
6. K visas: Fiancés and Spouses of United States Citizens
7. J-1: Exchange Visitors
8. Visas for Students
9. H-2: Temporary Seasonal Workers

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B-2: Visitor Visa

The B-2 visitor visa is the most common visa. A B-2 visa does not grant a person the right to work in the United States. Applicants for a B-2 visa must demonstrate that:

• The purpose of the trip is for pleasure or medical treatment
• They plan to stay for a specific time period
• They have enough money to cover the cost of their time in the United States
• They are tied to their home country by family, job, and other attachments
• They have a residence outside the US to which they will return after the visit

B-1: Temporary Visitor for Business

The B-1 visa is similar to the B-2 visa, but it is intended for a visitor conducting business in the United States.

• It does not allow a person to be employed in the United States
• Specific activities related to a foreign or U.S business are ok.

E Visas: Treaty Traders and Investors

This category is really two subcategories, the E-1 (a treaty trader visa) and the E-2 (a treaty investor visa). If a treaty of friendship, commerce, and navigation exists between the United States and a foreign country, the citizens of this foreign country may be eligible for an E visa. The list of countries is reproduced here. E visas grant special benefits not available to many other non-immigrant visa categories.

E visa holders:

• Can extend the duration of their visa indefinitely
• Are not required to show ties to home country provided they affirm they will leave the United States when their period of authorized stay expires.
• May engage in self employment as an entrepreneur

E-1 Treaty Traders

The E-1 visa allows an individual to enter the United States on a non-immigrant basis for the sole purpose of carrying on substantial trade between his or her country and the United States. The home country of the non-immigrant must have a treaty with the United States.

E-2 Treaty Investor

The E-2 is available to nationals of the treaty country who are engaging in investment in the United States. The investor must show that she has invested or is actively in the process of investing a substantial amount of capital in a real and operating commercial enterprise. He or she must also be in a position to "develop and direct" the enterprise.

E-2 visas are also available to employees provided they have the same home country as the employer and the job duties require special qualifications essential to the business.

L-1: Intra-Company Transfers

The L-1 visa allows foreign companies to temporarily transfer executives and managers ("L-1A") and technical personnel having "specialized knowledge" ("L-1B") to affiliates or subsidiaries in the United States. Executives and managers who qualify for L-1A status often also qualify for permanent residence under the employment-based first preference immigrant category.

The alien must establish that he or she has worked in an executive, managerial or specialized knowledge capacity abroad and will work in a similar capacity in the United States.

H-1 B: Specialty Occupation Professionals

H1-B visas are issued to workers with a job offer for a specialty occupation. A specialty occupation is one where at least a bachelor’s degree or equivalent form of specialty training for the job. Currently only 65,000 H1-B visas are available each year, with an additional 20,000 available for graduates from a U.S. advanced degree program.

TN visas: Canadian and Mexican Professionals under NAFTA

Canadian and Mexican citizens who work in specific professions may enter the United States under TN status, in order to work for a U.S. company on a temporary basis. Eligible professionals may also work for Canadian or Mexican companies in the United States.

The intended activity must be in a profession listed in Appendix 1603.D.1 of NAFTA.

K visas: Fiancés and Spouses of United States Citizens

• K-1: Allows a fiancé of an American Citizen to enter the country for the sole purpose to complete a valid marriage within 90 days.
  • K-2 visas are granted to the dependent minor (under 21) children of the fiancé accompanying the K-1 principal.
• K-3: Allows the spouse of a United States Citizen awaiting the processing of his or her green card to enter
  • K-4 visas are granted for any unmarried minor children of the K-3 principal

O visas: Aliens of Extraordinary Ability and Accompanying Workers

• O-1 status is available to aliens of extraordinary ability in the arts, sciences, education, business and athletics. This category is most frequently sought after by individuals with extraordinary talents in the arts as they are not included under the L-1, H-1B, or P-1 category.
  • The definition of extraordinary depends on the field of the alien’s endeavor. For an artist, he or she must have obtained a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered.
• O-2 status is available to aliens who seek entry to accompany an O-1 alien working in the field of arts or athletics and whose essential skills make them integral to the performance.
• O-3 status is available to dependents of O-1 or O-2 aliens.

P Visas: Internationally Recognized Athletes and Entertainment Groups

• P-1:
  • Athletes: An athlete must be internationally recognized either individually or as a member of a team that has been internationally recognized.
    • The athlete must have a tendered contract with a major United States sports league or team.
      • Possible exceptions exist for individual sports such as golf or tennis where contracts do not typically exist.
  • Entertainers: To qualify an entertainer must perform as a member of an entertainment group (2 or more people). An individual entertainer must seek admission under the O-1 category. The group must have been nationally or internationally recognized as outstanding in the disciple for a sustained period of time.
• P-2: Granted for artists and entertainers (alone or with a group) who seek to enter the United States to perform under a reciprocal exchange program.
• P-3: Culturally Unique Artists and Entertainers.
  • The term "culturally unique" is defined as "a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons."
• P-4: Available for dependent spouses and children of a P-1, P-2, or P-3 alien

J-1: Exchange Visitors

• A bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of specialized knowledge or skill, who is coming temporarily to the United States to participate in a program designated by the Department of State.
• For the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.
  • If a person is coming to the United States to receive graduate medical training he or she must also meets the requirements of §212(j) of the Immigration and Nationality Act.
• J-2: The spouse and minor children of a J-1 may accompany or follow to join under J-2 status. J-2 dependents may apply for work authorization to work for any employer.

Visa for Students

F-1

o The alien must have a residence in a foreign country which he or she has no intention of abandoning.

o A qualified student must seek to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States.

F-2 visas are available for the spouse and minor children of the principal applicant once the F-1 is approved.

M-1

o An alien must have a residence in a foreign country which he or she has no intention of abandoning.

o The intention to enter the United States temporarily and solely for the purpose of pursuing a full course of study at a vocational or other recognized nonacademic institution.

M-2 visas are available for the spouse and minor children of the principal applicant once the M-1 is approved.

R-1: Religious Workers

 The alien must have been a member of the same religious denomination as the employer for the proceeding 2 years.

o The religious denomination must be a bona fide non profit religious organization in the United States.

 The purpose for entering must be:

o As a minister , or

o As a religious professional, or

o As a religious worker at the request of the religious organization.

§ The activity must relate to a traditional religious function.

H-2: Temporary Seasonal Workers

H-2A temporary agricultural workers

H-2B Nonagricultural workers

An alien coming to the United States under this category must demonstrate that he or she will not be displacing United States workers capable of perform the service or labor.

For more information about which type of Visa is best for your particular situation, talk to a local immigration attorney.